Gathering Evidence to Win my FDCPA Claim

If you think you may be a victim of illegal debt collection practices under the terms of the FDCPA, there are many things you can do to protect yourself. First, be sure to save any correspondence, letters, or other notices from a debt collection agency that you think may be violating the terms of the FDCPA. In addition, also be sure to save any phone or email messages from from debt collectors trying to contact you via these means as well. For more detailed information on the importance of saving all correspondence and tips on how to go about doing so, please follow the link.

Secondly, keep thorough notes regarding any contact with collection agencies or debt collectors. Their names and what they tell you could be critical down the road – especially if you end up pursuing a FDCPA claim.

Finally, any inaccurate statements or other notices should be disputed in written form and not orally (follow up with a written communication to support this). An example of a tool you can use to stop debt collectors from illegal practices is to send a cease and desist letter – which prohibits a collection agency from contacting you once they receive it. This is just one example of a step you can take to protecting your rights under the FDCPA.

The above methods are all an important part of collecting evidence that can potentially be used to help justify your FDCPA claim in a court of law.

What Constitutes Abuse of the FDCPA?

Now you may be wondering, however, what constitutes abuse on the part of debt collectors. Below find the answer to this question as well as to other similar questions about when you can know you are justified in collecting evidence and pursuing a FDCPA claim.

What constitutes abuse of the FDCPA?

What constitutes misleading information?

What constitutes an improper threat of litigation?

What constitutes failure of a caller to identify himself?

Know Your Rights Under the FDCPA

Under the guidelines of the FDCPA, the consumer has the right to file a law suit against any debt collection agency that practices or subjects them to abusive or coercive debt collection activities like the ones mentioned above. Although your rights are diminished whenever you are dealing with in-house debt collectors, you are still protected under the law from collection agency practices that are considered unfair. Additionally, the guidelines established under the FDCPA target collection attorneys as well.

Current statutes limit the maximum award to $1,000 in damages which covers the violation of the FDCPA guidelines, the amount of monetary damages awarded, and what are deemed as “reasonable” attorney’s fees. Damages oftentimes arise from any emotional, physical, or psychological trauma that the consumer may experience as a result of abusive or coercive collection activities. Additionally, if financial loss is experienced due to a consumer credit score that has been improperly reduced, you can also sue the offending collection agency on those grounds.

If you think you may have a valid FDCPA claim, it is recommended that you contact a FDCPA attorney who can help you navigate through this process. We can help you determine what constitutes abuse under the FDCPA and can provide helpful information regarding methods of collecting evidence to back up your claim.